As the healthcare industry grows, nursing professionals are expected to take on additional responsibilities to ensure patient safety. While their duties may change, clinicians are still expected to provide care within their legal scope. Each state has developed a set of laws to govern the nursing profession and provide oversight on care quality. In Michigan, this legislation is known as the Michigan Nurse Practice Act.
As a facility leader, it's essential to understand the basics of the Michigan NPA to ensure your patients receive the care they deserve. What is the Michigan Nursing Practice Act (NPA) and how does it hold clinicians accountable for the care they provide? In this article, we'll introduce the rules and regulations outlined in the Michigan NPA and provide tips for facilities looking to improve regulatory compliance.
Nurse Practice Act: Michigan Laws at a Glance
LPNs, RNs, and APRNs practicing in Michigan are required to follow the laws outlined in the state's nurse practice act. These laws establish:
- Michigan Board of Nursing (BON) rules and regulations.
- Minimum care standards that must be met in all healthcare facilities.
- The steps required for maintaining and renewing a State of Michigan nursing license.
- Michigan's requirements for nursing education programs.
- Penalties for NPA violations.
Curious how these laws impact your facility? We outline key elements of the Michigan Nurse Practice Act in the table below.
| State of Michigan Nurse Practice Act | |
|---|---|
| Legal Authorities | Michigan Compiled Laws, Chapter 333:Sections 333.16101 to 333.16349Sections 333.17201 to 333.17242Michigan Administrative Code, Department of Licensing and Regulatory Affairs, Board of Nursing General Rules:Rules 338.10101 to 338.10705 |
| Michigan State Nursing Licensure Requirements | MichiganRN licensure applicantsmust qualify by either passing the NCLEX examination or getting a license endorsed from another state.The steps for NCLEX exam qualification are as follows:Graduate from a Michigan BON approvedin-stateorout-of-statenursing education program.Submit an application with theappropriate fees.Complete acriminal background checkand fingerprinting.Submit a moral character questionnaire.Upload certificates of completion for the MI mandatedhuman traffickingandimplicit biastraining courses.Register for and pass theNCLEX examination.The steps for endorsement qualification are as follows:Graduate from a Michigan BON-approved nursing education program and submit verified transcripts.Submit an application with the appropriate fees.Complete a background check and fingerprinting.Submit a moral character questionnaire.Upload certificates of completion for the required human trafficking training and implicit bias training.Present a valid license to practice nursing in another state and submit arequest for licensure verification.Note:TheState of Michigan Board of Nursingmay grant atemporary practice permitfor graduate nurses who are new to nursing practice and meet board specifications. This temporary permit allows supervised practice until the nurse is fully qualified. The permit is non-renewable and valid for up to 18 months.The Michigan Board of Nursing website also provides approximate timeframes for application processing and outlines the required steps torenew a Michigan nurse license. |
| Michigan Nurse Practice Act Delegation of Duties | According to Michigan Administrative Code Rule 338.10104, registered nurses are allowed to delegate nursing tasks when:The task is within the nurse’sscope of practice.The delegatee has the appropriate qualifications and has received the necessary education and training to perform the task.The delegatee has demonstrated the appropriate skills and ability to safely complete the task.The nurse is able tosupervise and evaluatethe performance of the delegated task.The nurse is able to maintain full responsibility for the performance of the delegated task.Registered nurses are prohibited from delegating tasks that:Require the nursing process (assessment, interpretation, independent decision-making).Are outside of the delegator’s scope of practice, knowledge, or ability. |
| NPA Violations and Penalties | Any violation of the following rules outlined inSection 333.16221represents grounds for disciplinary action. These include:Demonstrating negligence or incompetence.Being convicted of a misdemeanor or felony.Practicing outside of the legal nursing scope.Illegally selling, distributing, or administering controlled substances.Engaging in an unprofessional relationship with a patient.Fraudulently obtaining or renewing a MI nursing license.Michigan’s regulations delineate the disciplinary actions that could result from the above violations, including asuspended or revoked nursing license, fines, public reprimand, and the possibility of criminal charges. |
| Nurse Licensure Compact (NLC) State? | Currently, Michiganis notinvolved in theNLC compact. Therefore:In-state nurses must obtain additional licensure to practice out-of-state; andOut-of-state nurses can’t practice in Michigan without applying for endorsement. |
Improving Regulatory Compliance: 3 Tips for Facilities
Familiarizing yourself with the rules outlined in the Michigan Nurse Practice Act is only the first step to optimizing care quality. Next, you'll need to develop facility policies that align with state laws. Not sure where to begin? Below, we've listed three tips to get your team started.
1. Verify Staff Credentials
The rise in fraudulent nursing practice places patients at risk. When recruiting a new nurse, it's important to verify the legitimacy of their license, certification, and educational transcript. Facility leaders can choose to verify Michigan nurses' licensure on either the Michigan BON website or on the Nursys QuickConfirm Portal.
Once you've confirmed that the employee you're looking to hire has an active and unencumbered Michigan RN license (or LPN license) along with the other necessary certifications and transcripts, you can feel comfortable moving forward to the next step of the hiring process.
2. Report Suspected Misconduct
It's essential that facility leaders investigate and address any reports of fraudulent practice or misconduct to keep patients safe. If a patient or employee raises a concern about the legitimacy of a Michigan nurse's license, it's important to take these allegations seriously. Report concerns and complaints to the Michigan Board of Nursing to preserve the patient trust you've earned.
3. Stay Up to Date on the Latest Michigan Nursing News
The State of Michigan's Board of Nursing and Office of Nursing Programs websites make it easy for facility leaders and bedside clinicians to stay informed about nursing updates. On these sites you can discover more details on:
- Michigan Nursing Scope of Practice changes.
- Michigan BON legal updates.
- Statewide nursing quality improvement initiatives.
- Upcoming nursing conferences and job fairs.
- Available nursing school scholarships and grants.
Discover More Ways to Optimize Patient Safety
Understanding the Michigan Nurse Practice Act is key to improving health outcomes at your facility. Looking for additional insights? Get even more healthcare tips, resources, and guides to help your team perform its best.
Legal Disclaimer: This article contains general legal information, but it is not intended to constitute professional legal advice for any particular situation and should not be relied on as professional legal advice. Any references to the law may not be current, as laws regularly change through updates in legislation, regulation, and case law at the federal and state level. Nothing in this article should be interpreted as creating an attorney-client relationship. If you have legal questions, you should seek the advice of an attorney licensed to practice in your jurisdiction.